property damage in condo

[stmoon]

my upstairs neighbor admits to damaging my property (water leakage) but her homeowner's insurance company is balking us, as she told them the property maintenance worker is the one that initatied the damage. We don't care who she says is at fault-we believe it's her liability and we intend to take this to small claims court. Our questions are: this is the sixth time we suffered damage from her-can we sue for something in addition to property damage? We were in the process of getting our condo ready for sale-this has now stopped everything, and we have been waiting for 21/2 months (this summer) since the damage occurred. We lost potential summer buyers. Also, the assessor sent the damage claim estimates to this same insurance company, and they still have not released this data to us, after a few requests. Can you supena for this information in preparation for small claims?
We live in Camden County, NJ. Thanks in advance!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by stmoon:
my upstairs neighbor admits to damaging my property (water leakage) but her homeowner's insurance company is balking us, as she told them the property maintenance worker is the one that initatied the damage. We don't care who she says is at fault-we believe it's her liability and we intend to take this to small claims court. Our questions are: this is the sixth time we suffered damage from her-can we sue for something in addition to property damage? We were in the process of getting our condo ready for sale-this has now stopped everything, and we have been waiting for 21/2 months (this summer) since the damage occurred. We lost potential summer buyers. Also, the assessor sent the damage claim estimates to this same insurance company, and they still have not released this data to us, after a few requests. Can you supena for this information in preparation for small claims?
We live in Camden County, NJ. Thanks in advance!<HR></BLOCKQUOTE>

You can sue the owner for damages and subpoena the insurance company documents. Have you notifed the Association of the problems?